Felony Charges In California
A felony arrest is always serious, but the degree of the charge makes a huge difference in the potential penalties you face if convicted. At Takakjian & Sitkoff, LLP, we have 25 years of experience handling criminal defense cases and ensuring that the charge you face is appropriate to the offense. We analyze the facts of your case to determine whether your first-, second- or third-degree felony charge is substantiated by evidence, and if not, we seek a lesser charge that carries a lighter penalty.
First-, second- and third-degree felonies
State and federal crimes are charged as either misdemeanors or felonies and are grouped as Class A, B or C for the most serious felonies and class C and D for less serious felonies. In addition, a particular felony may be charged as first, second or third degree, depending on the seriousness of the particular crime. A first-degree assault is the most serious level of assault and may be charged if a weapon was used to commit the crime or if it caused great bodily injury. A third-degree simple assault, on the other hand, is often a “wobbler” offense that may be charged as a misdemeanor or a felony, depending on the facts of the case. A first-time domestic altercation that resulted in minor scratches may be considered a misdemeanor or a third-degree felony assault.
Fighting the degree as well as the charge
Potential penalties are based on the degree of the crime, with a first-degree charge subject to a harsher sentence than a second-degree offense. For this reason, our lawyers may employ the defense strategy of introducing a lesser-included charge. For example, the prosecution may have sufficient evidence to prove the defendant committed murder, but not enough to demonstrate intent — a necessary element for murder in the first degree. In this scenario, we may seek a verdict on a second-degree murder charge to avoid the death penalty or life sentence the defendant would otherwise face if convicted of first-degree murder.
If appropriate in your case, we may use the degrees as a bargaining chip in negotiations with prosecutors, or we may petition the court to add the option to the jury instructions at trial.
Contact our law team for candid advice on fighting your felony charges
For aggressive representation in your felony case, call Takakjian & Sitkoff, LLP at 888-579-4844 or contact us online. We offer a free initial consultation so you can learn about your options and potential outcomes. Our firm is available to take your call at any time, including evenings and weekends.
